S.R.BRAHMBHATT - (1.) Heard learned counsels for the parties.
(2.) The present two appeals pertain to the common and identical grievance of the original petitioners qua their nonconsideration for pensionary benefits as per the Government Resolution dated 18th April 2000, whereunder the employees like the petitioners, who were en-blocked transferred to the Narmada Water Resources Department and later on became Corporation (hereinafter referred to as the Corporation) were to be treated as on deputation and who had not opted for Contributory Provident Fund (CPF) were treated to be on deputation and thus entitled to receive the pensionary benefit. As the facts in both these appeals are identical and the judgment in both these appeals are also on the same reasoning, both the appeals heard together and are being disposed of by this common judgment and order. The prayers of both the appeals are as under :- Prayers in LPA No.299 of 2018. (A) To admit the Appeal. (B) To quash and set aside the judgment and order dated 09.10.2017 passed by the Learned Single Judge (Coram : Hon'ble Mr. Justice K.M.Thaker) in SCA No.26814 of 2007 and further be pleased to allow the said petition all throughout and issued the direction to the respondent no.2 to forward the service record along with contribution deducted from the salary of the appellant during his service with respondent no.2 and also direct the Kutch District Panchayat R-3 to prepare the pension papers of the appellant and to pay pension to the appellant. (C) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature and circumstances of the case may require. Prayers in LPA No.301 of 2018. (A) To admit the Appeal. (B) To quash and set aside the judgment and order dated 09.10.2017 passed by the Learned Single Judge (Coram : Hon'ble Mr. Justice K.M.Thaker) in SCA No.26815 of 2007 and further be pleased to allow the said petition all throughout and issued the direction to the respondent no.2 to forward the service record along with contribution deducted from the salary of the appellant during his service with respondent no.2 and also direct the Kutch District Panchayat R-3 to prepare the pension papers of the appellant and to pay pension to the appellant. (C) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature and circumstances of the case may require.
(3.) In both these appeals, the order dated 9th October 2017 have been challenged by the original petitioners by filing the respective appeals, whereunder their respective petitions have been rejected leaving liberty to them to seek appropriate clarification from the State authorities qua their entitlement to receive pensionary benefit pursuant to the G. R. dated 18th April 2000.;